FTC Act - Section 5(a), 15 U.S.C. § 45(a)


Prohibits deceptive acts or practices that misrepresent or omit material facts.


(a)Declaration of unlawfulness; power to prohibit unfair practices; inapplicability to foreign trade
(1)Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful.
(2)The Commission is hereby empowered and directed to prevent persons, partnerships, or corporations, except banks, savings and loan institutions described in section 57a(f)(3) of this title, Federal credit unions described in section 57a(f)(4) of this title, common carriers subject to the Acts to regulate commerce, air carriers and foreign air carriers subject to part A of subtitle VII of title 49, and persons, partnerships, or corporations insofar as they are subject to the Packers and Stockyards Act, 1921, as amended [7 U.S.C. 181 et seq.], except as provided in section 406(b) of said Act [7 U.S.C. 227(b)], from using unfair methods of competition in or affecting commerce and unfair or deceptive acts or practices in or affecting commerce.
(3)This subsection shall not apply to unfair methods of competition involving commerce with foreign nations (other than import commerce) unless—
(A)such methods of competition have a direct, substantial, and reasonably foreseeable effect—
(i)on commerce which is not commerce with foreign nations, or on import commerce with foreign nations; or
(ii)on export commerce with foreign nations, of a person engaged in such commerce in the United States; and
(B)such effect gives rise to a claim under the provisions of this subsection, other than this paragraph.
If this subsection applies to such methods of competition only because of the operation of subparagraph (A)(ii), this subsection shall apply to such conduct only for injury to export business in the United States.
(A)For purposes of subsection (a), the term “unfair or deceptive acts or practices” includes such acts or practices involving foreign commerce that—
(i)cause or are likely to cause reasonably foreseeable injury within the United States; or
(ii)involve material conduct occurring within the United States.
(B)All remedies available to the Commission with respect to unfair and deceptive acts or practices shall be available for acts and practices described in this paragraph, including restitution to domestic or foreign victims.

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